AHMED KHAN ALIKHAN DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Advocate for the petitioner/applicant and Mr. Patwardhan for respondent No. 2/c. B. I. The petitioner is accused No. 2 in a trial which he is facing vide Special Case No. 47 of 1997 and which was at the relevant time pending on the file of Smt. R. S. Dalvi, the Special Judge. The petition is for transfer of the case from the file of Smt. R. S. Dalvi, the Special Judge to any other Special Judge of Greater Bombay.

(2.) THE Counsel for the petitioner contended that however, by now the assignment of the Judges have changed and Smt. R. S. Dalvi is no longer dealing with the present case, and therefore, he did not press for his prayer for transfer of the case.

(3.) HE, however, contended that while witness of the prosecution was being examined, Smt. R. S. Dalvi, the Special Judge repeatedly intervened in the matter and adopted a role of prosecutor and in support of his contention he drew my attention to the questions put to the witness P. W. No. 1 by the Court (Record page 18 of the present petition ). On the other hand Mr. Patwardhan Counsel for the C. B. I. also contended that the evidence of the prosecution, particularly in respect of tape recorder conversation has not been properly taken on record in the sequence, that, when the tape played in the Court, conversation that was recorded should have been taken out verbatim as is coming from the tape and since this has not been done, the prosecution also suffered in its case. He, therefore, prayed that while considering the prayer of the Counsel of the accused for deleting the portion of the evidence of P. W. No. 1, which came on record pursuant to the course of questions put to the witness by the Court, a de-novo trial should be ordered so that the prosecution can lead its evidence fully, completely and without prejudice to the prosecution.